General terms and conditions of the contract with users of non-universal postal services and ‘DIREX’ S.A.
I. Subject matter and general provisions
1.1 These General Terms and Conditions govern the relationship between DIREX S.A., UIC 205037136, (hereinafter referred to as the “Courier”) and the users of non-universal postal services provided by the Courier, defining the rights, obligations and responsibilities of the parties.
1.2 Users of non-universal postal services provided by the Courier may be all natural persons, sole traders and legal entities (hereinafter referred to as “User(s)”).
1.3 The parties to the contract referred to in item 1 may also agree on other conditions for the provision of non-universal postal services, for which they shall conclude individual contracts or supplementary agreements, an integral part of which shall be these General Terms and Conditions.
2.1 Consignment means a good or document of any kind (whether in bulk or in one or more packages) which is or which has been accepted by Us for carriage from one address to another, with a bill of lading from Our system attached thereto and an acceptance manifest attached;
2.2 Transport means, and includes, all operations and services undertaken by Us in connection with the delivery of the consignment;
2.3 The courier performs the offered services under the trademark “Direx ™”.The trademark Direx ™, Direx ™, Direx ™ DX Post ™, as well as the names Direx ™ DX TRACKED, DX UNTRAKED, DX SIGNATURE PLUS, DX PARCEL, DX PACK+,DX UNRTACK, DX EXPRESS, DX USA are subject to intellectual property of Direx S.A. Direx S.A does not grant any permission to exercise the intellectual rights in these trademarks. These trademarks may not be used, copied, reproduced, modified or offered in any way except with prior written permission.
III. Acceptance of the Terms and Conditions
3.1 The User shall be deemed to be notified of the General Terms and Conditions from the date of their publication on the following Courier’s website: https://direx.bg The General Terms and Conditions may be amended and supplemented at any time at the initiative of the Courier. The Courier shall inform the Users of the amendments or additions by publishing the amended General Terms and Conditions on the aforementioned website within no less than 7 (seven) days prior to their entry into force.
3.2 The User shall be deemed to be bound by the General Terms and Conditions from the date of signing an individual contract for the use of the services provided by the Courier or, respectively, from the date of actual commencement of the use of the services, namely – by the User’s delivery of a consignment to the Courier. In this case, by handing over the consignment, the User accepts the General Terms and Conditions, on his own behalf, regardless of whether the front of the bill of lading or the acceptance protocol is signed.
3.3 These Terms and Conditions apply to and may be enforced by anyone the Courier uses or engages as a subcontractor to pick up, transport or deliver the Consumer’s consignment, as well as the Courier’s employees, managers and agents. In the event that the User delivers a consignment to the Courier with oral or written instructions contrary to these Terms and Conditions, the Courier shall not be obligated to comply with such instructions.
IV. Services – features, access conditions
4.1 The Courier provides the following non-universal postal services through its transport network :
4.1.1 courier services provided by the Courier on the territory of the Republic of Bulgaria, as described in the DIREX S.A. Courier Services Tariff, an integral part of the General Terms and Conditions.
4.1.2 courier services provided by the Courier to/from other countries in the world, as described in the DIREX S.A. Courier Services Tariff, an integral part of the General Terms and Conditions.
4.1.3 Types of Courier Services:
– DX Untracked -economical service with worldwide coverage without tracking;this service does NOT apply to domestic deliveries;
– DX Tracked -a service with worldwide coverage with full tracking to the delivery address; ;this service does NOT apply to domestic deliveries;
– DX Signature Plus -a service with worldwide coverage with full tracking to the delivery address and the ability to obtain electronic proof of delivery against signature; ;this service does NOT apply to domestic deliveries;
– DX Country Track – a service with worldwide coverage, with partial tracking to the delivery country of entry; this service does NOT apply to domestic deliveries;
– DX Parcel – a fast service with coverage in a limited number of countries and sectors, providing the possibility to deliver heavier consignments;
– DX Express – express courier service with coverage in limited countries and sectors – declared value – additional service to DX Tracked, DX Signature Plus DX Parcel, DX Express; – cash on delivery – additional service to DX Parcel;
4.2 The Courier shall ensure that Users have equal access to its services through the Courier’s office(s) or those of its subcontractors.
4.3 Consignments shall be accepted at the sender’s address or at the Courier’s or its sub-contractors’ office(s) during the Courier’s designated business hours, which shall be posted in a prominent location in the office(s) that is visible and accessible to all Users.
4.4 Users who have entered into an individual contract for non-universal postal services with the Courier shall be given the status of a so-called Approved Customer. For the avoidance of doubt, a User shall acquire the status of Approved Customer from the date of signing of the aforesaid individual contract by him and the Courier.
4.5 In the event that there is no individual contract concluded between the Courier and an Approved Customer, the contract between the Courier and any other User shall be deemed to have been concluded upon acceptance of the consignment at the access points or at the latter’s address, which shall be evidenced by his signature on the bill of lading or the acceptance manifest and by payment of the price for the service. Where the Courier uses a sub-contractor then these terms and conditions shall be deemed to have been accepted by the Customer at the time of delivery of the consignment to the sub-contractor and signature on the document certifying this to the sub-contractor, including where a consignment generated through the Customer’s account is handed over to the sub-contractor by a third party or by an employee not expressly authorised to do so.
4.6 The Contract shall be deemed to have been performed:
4.6.1 For a courier consignment within the territory of the Republic of Bulgaria – upon delivery of the consignment, which shall be evidenced by the signature of the recipient or other person authorized by the recipient at the address specified as the delivery address;
4.6.2 For an international courier consignment – by delivery of the consignment to the recipient or to a person authorised for this purpose. (or other person at the address specified for delivery)The delivery of the consignment shall be evidenced by the signature of the recipient, or written confirmation by the Courier’s partner making the physical delivery of the consignment.The contract shall also be deemed to have been performed in cases where one or more delivery attempts have been made but the final recipient has not accepted the consignment or has expressly refused it.
Information on the movement and delivery of the consignment can be obtained on the following website of the Courier: https://direx.bg Information about the consignment on this page is kept for 3 months after delivery.
V. Conditions for acceptance and delivery of courier consignments. Carriage route and delivery terms
5.1. When sending a consignment, all data in the waybill shall be filled in by the User. By printing the bill of lading or delivery note and signing the document, the User confirms the accuracy of the data entered, accepts full responsibility if they prove to be inaccurate, incomplete or incorrect, and certifies that he is familiar with these Terms and Conditions and accepts them.
In the event that the Courier accepts a consignment from the User for consignment, the packaging of the same shall be deemed to be appropriate in view of the type of consignment requested by the User. The presumption under the preceding sentence shall not apply if it is subsequently established that the User has not provided the Courier with accurate and complete information, or has provided false information, regarding the type and nature of the consignment accepted for consignment. Proper and appropriate packaging is the responsibility of the User. Appropriate marking is recommended for shipments with sensitive contents. Otherwise, the Courier shall not be held liable for hidden or obvious damage.
5.2 Each Courier Consignment shall be delivered to the address specified by the User in accordance with the delivery times announced by the Courier on its website. Unless otherwise agreed by the parties in a separate individual contract, the maximum delivery time for a consignment on the territory of Bulgaria , is 5 (five) working days, 20 (twenty) working days for consignments to countries – members of the European Union and 30 (thirty) working days to the rest of the world.
5.2.1. Terms of delivery:
(a) Delivery shall be made in person to the recipients against signature. The recipient shall be identified by proof of identity. In the absence of the recipient, the consignment may be delivered to his/her proxy;
(b) where the consignment cannot be delivered to the address due to the absence of the recipient (adult member of the household), a written service notice shall be left in the post box inviting the recipient to appear at the post office to collect the consignment.
(c) In the event that the recipient refuses to receive the consignment, the recipient shall so indicate on the consignment or service form and sign.
If the recipient fails to appear at the post office for delivery within 10 calendar days from the date of receipt, a second written service notice shall be sent;
Rest days, national holidays and bank holidays, as well as delays caused by customs authorities, or due to other reasons beyond the Courier’s control, including but not limited to force majeure, shall not be included in determining the delivery time stated on the Courier’s website. The route, method of transportation of the consignment, and the choice of subcontractor, if any, used for the delivery of the particular consignment will be selected and judged by the Courier.
The Courier shall take into account the delivery time from the day following the day of acceptance of the consignment until the first attempt to deliver the consignment to the recipient.
In the event of extraordinary circumstances and/or force majeure which result in a reduction in the capacity to service consignments by the Courier or its sub-contractor, an increase in delivery times may be possible. In this case, the Courier is obliged to notify the Users of the changed delivery date for the given destination by email or on its website https://direx.bg within 24 hours of receiving the information from the sub-contractor. In this case, the delivery time may be extended by a maximum of 10 working days.
5.3 Consignments addressed to minors shall be delivered to their parents, guardians or custodians against documents certifying this capacity. Consignments addressed to minors between the ages of 14 and 18 may be delivered personally to the recipients if their parents or guardians have given prior written consent for each individual mailer.
5.4. Time limit for payment of cash-on-delivery service- cash-on-delivery service will be paid within 14 calendar days from the date of collection of the cash-on-delivery from the recipient of the consignment.
VI. Consignments containing dangerous and prohibited goods
6.1 Except as provided in clause 5.12 below, the Courier shall not carry any goods which in its judgement may be characterised as dangerous goods, including but not limited to goods specified as such in the International Civil Aviation Organisation (ICAO) Technical Instructions, the International Air Transport Association (IATA) Dangerous Goods Regulations, the International Maritime Dangerous Goods Code – the so-called IMDG-Code, the European Convention on the International Carriage of Dangerous Goods by Road (ADR) Regulations, as well as specified as hazardous in any other national or international rules and regulations relevant to the transport of dangerous goods, including under Art 90, para. 1 of the Postal Services Act. A detailed list of prohibited items under the Postal Services Act and the Excise and Tax Warehouses Act can be found on our website and at our offices which accept shipments.
6.2 The Courier may, at its discretion, accept for transportation to other countries certain types of dangerous goods if the User requesting this service cumulatively meets the following conditions: a) the User has already obtained the status of an Approved Customer, namely, there is an individual contract with the Courier; and b) upon request by the Courier, the User has provided samples of the dangerous goods desired to be transported; and c) the Courier has confirmed in writing its agreement to transport the dangerous goods;
Notwithstanding the fulfilment of the above cumulative conditions, the Courier shall be entitled to refuse to transport the dangerous goods in the event that, on their being made available for carriage to the Courier, it is found that they are not packed by the Consumer in a manner to ensure their impeded and safe carriage.
6.3 The courier is entitled to charge extra for the carriage of dangerous goods depending on the type and quantity of the dangerous goods and the destination to which they are to be delivered.
6.4 When completing the bill of lading for the respective domestic or international consignment and when handing it over to the Courier, the User undertakes to certify that it does not contain substances and objects prohibited for transportation by Bulgarian law or by virtue of an international treaty, including but not limited to: narcotic, narcotic, psychotropic and poisonous substances; weapons, ammunition, pyrotechnic articles, explosive, incendiary or other dangerous substances and objects; objects contrary to moral norms; objects and substances which by their nature or packaging pose a danger to the life or health of postal employees or other persons or may contaminate or damage other consignments and facilities; Religious materials of prohibited or unregistered sects or organizations in the country of the User, the recipient, or any of the transit countries en route in the consignment; Movable cultural relics for which no permit or certificate has been issued; Excise goods and tobacco refuse, the possession, transfer, transportation, offering, and sale of which are prohibited by the Excise and Tax Warehouse Act.
6.4.1 Coins, banknotes, currency tokens, traveller’s cheques, items of value to the sender, platinum, gold, silver, worked or unworked precious stones and other valuable items are not permitted in consignments, except those of declared value.
6.4.2 International consignments, including those of declared value, may not contain, in addition to the substances and articles referred to in paragraph 5.4, other substances and articles specified in international treaties, or articles the importation or distribution of which is prohibited in the country of destination or any transit country en route.
6.5 The User must give an accurate description of the contents of the consignment in the consignment note, and the provision of this information does not relieve the User of its obligations and responsibilities relating to the provision for carriage of dangerous or prohibited goods.
6.6 Regardless of whether or not the Courier has requested a sample of the goods which the User wishes to be transported, the latter assumes full responsibility for the contents of the consignment and is under an obligation to prove that he has not handed over dangerous or prohibited goods to the Courier for transport.
6.7 In the event that the User has handed over prohibited or dangerous goods to the Courier for transportation, the former agrees and undertakes to fully indemnify the Courier or its subcontractors in the event that third parties make any claims for damages caused to them as a result of the carriage of the prohibited or dangerous goods. The User hereby agrees that the Courier shall have the right to dispose of the dangerous and/or prohibited goods which have been handed over to it for transportation in accordance with the regulations in force in the territory of the Republic of Bulgaria.
6.8 The User agrees that the consignments carried by the Courier may be subject to security scanning, including the use of X-ray equipment, and also opened and their contents inspected in transit.The opening of the consignments shall be carried out by a committee of at least three members, who shall draw up a report.
6.9 The User hereby consents to the consignment being detained and opened at any time by the Courier or a competent government authority, in accordance with the terms of Article 93 of the Postal Services Act, for which a record of findings shall be drawn up and signed by the operator’s employees.
6.10 The User declares that he has prepared the consignment in advance, either personally or using his competent employees, and that the consignment has been protected against unauthorised intrusion during its preparation, storage and transportation, immediately before the Courier accepts the consignment for carriage.
6.11 The Courier reserves the right at any time to refuse to accept or transport a consignment if: a) the User acts contrary to what is agreed in these Terms and Conditions or an individual contract concluded between the User and the Courier; and/or b) a judicial or arbitral tribunal, as well as a governmental authority extending its jurisdiction over the Courier or the User, or a regulatory act or international treaty, determines the provision of the non-universal postal service for the relevant consignment to be in violation of an existing provision; and/or (c) a rule or other regulation adopted under due process of law makes it more expensive or seriously financially burdensome in the reasonable judgment of the Courier to effect carriage of the consignment concerned; and/or d) the Courier has reasonable grounds to believe that the consignment contains dangerous and/or prohibited goods;
VII. Customs clearance, duties and taxes
7.1 It is the User’s responsibility to inform the Courier of the contents of the consignment and whether it is subject to customs duties or other excise duties and taxes (including but not limited to VAT or other types of fees and taxes in connection with the consignment). The User certifies that all data and information provided by the User concerning the export and import of the consignment will be true and accurate. The User hereby declares that he/she is aware of the risk of being subject to civil action and/or criminal prosecution by the competent authorities, the penalties of which include confiscation and sale of the consignment, in the event of any false or fraudulent statements made by him/her concerning the consignment or its contents.
7.2 Depending on the route of consignment, different customs duties, fees and other charges may be imposed. Depending on the case, the Courier may, but is not obliged to, provide assistance with regard to the customs clearance of the consignment. The User hereby authorizes the Courier to act as its agent solely for the purpose of clearing and presenting the consignment to customs authorities. The User certifies that the Courier is the recipient, for the sole purpose of designating a customs agent to effect the clearance and presentation of the consignment to customs authorities, in the event that the Courier subcontracts the above customs activities. If the customs authorities require additional documentation to confirm the import/export declaration or the status of the Courier with respect to the release of consignments, the User undertakes to provide the requested documentation at its expense.
7.3 To the extent that the Courier has voluntarily provided assistance in order to comply with and finalise the necessary customs and other formalities regarding the release of the consignment, such assistance will be at the User’s expense and risk. The User agrees to indemnify the Courier and hold it harmless from any claims that may be brought against it as a result of the information provided by the Courier, and to pay all costs, including administrative costs, of the latter charged in connection with the services provided under this clause.
7.4 The User hereby declares and accepts that the Courier is not involved in the commercial relationship between the User and its subcontractors, or between the User and the recipient/importer of the consignment. In this sense, the Courier cannot and should not be treated as a consignor, importer, final recipient or subcontractor of the User from a commercial, legal or tax point of view. Consequently, any duties, taxes, fines, storage fees or other costs paid by the Courier as a result of action by customs or other governmental authorities, or as a result of the failure of the User and/or the recipient to provide proper documentation and/or to obtain any required license or permit, will be billed to the User or the recipient of the consignment. In the event that the Courier decides to invoice the recipient for these charges and the recipient refuses to pay them, the User shall be liable to pay them instead, together with a fee charged by the Courier for the administrative staff engaged by the Courier and any other additional costs incurred by the latter. The User undertakes to provide a suitable guarantee for any duties, taxes, fines, storage charges or other costs provided for in this clause at the first request of the Courier.
7.5 The Courier shall not be liable for any delays, losses or damages caused by the intervention of customs officials or other government authorities with respect to the status or release of the User’s consignment.
VIII. VAT and other taxes to which the consignment is subject
8.1 It is the User’s responsibility to determine whether their consignment will be subject to VAT or any other type of tax or charge. The Courier is not competent to provide tax advice or information to the User in relation to his consignment in view of the complexity and diversity of tax legislation in the various countries through which it may pass or to which it must be delivered. In this regard, the Courier accepts no liability whatsoever in connection with his consignment or with any tax or other disputes or claims that may be brought against the User in respect of the same. The User undertakes to fully indemnify the Courier in the event that the latter suffers any damages as a consequence of claims or actions brought against it by a country or third parties in connection with tax or other legal violations.
IX. Prices, terms and method of payment
9.1 The prices of courier services are specified by the Courier in its Tariff, published on the following website of the Courier https:https://direx.bg or in an individual contract with the User, if such has been concluded pursuant to clause 1.3 of the General Terms and Conditions with an Approved Customer. The prices set out in the individual contract may not be higher than the Tariff prices.
9.2 The prices of courier services provided by the Courier to a User who has not acquired the status of an Approved Customer shall be prepaid by the User, in cash or by bank transfer. The Courier’s tariff shall also be displayed prominently in the access points in the Courier’s office. It shall be determined by the latter in accordance with the requirements of the Postal Services Act and shall be submitted to the Communications Regulatory Commission for information within ten (10) days prior to its coming into effect for Users.
9.3 The User, who has acquired the status of Approved Customer, agrees to pay the Courier the cost of carriage of the consignment between the addresses specified in the Bill of Lading, the charges for the selected additional services, as well as the VAT due for the service, within 7 /seven/ days from the date of the invoice issued by the Courier, unless the parties have agreed otherwise in an individual contract.
9.4 In the event that the User considers that he has grounds to dispute the invoice issued by the Courier for the carriage, the User may do so within 7 /seven/ days of its issue by sending a written notice to the Courier. The latter is obliged to verify the invoice as soon as possible and, in the event of any inaccuracy, the Courier shall take the appropriate corrective action as permitted by applicable law and accounting standards. The User expressly agrees that failure to dispute the invoice within seven (7) days of its issue shall be deemed implied approval of the same and the User waives all rights to dispute the same in the future. The User hereby declares that he/she is aware of the fact that he/she is obliged to pay the invoice within the time limit referred to in clause 8.3 or that specified in an individual contract, whether the same is disputed or not.
9.5 The prices for courier services shall be calculated in accordance with the prices applicable to the relevant consignment as set out in the Courier’s current Tariff, and shall be determined in accordance with the weight and volume of the consignment as actually measured in the Courier’s warehouse.
9.6 All customs duties, VAT on the Goods and any other charges to which the consignment is subject in the Recipient’s country shall be paid by the Recipient upon delivery of the consignment. In the event that the recipient refuses to pay, the User agrees to cover any unpaid duties, taxes and charges by the recipient within seven (7) days of notification thereof. The same practice shall apply in the event that the User has specified special payment instructions at the time of consignment, including but not limited to that a third party will cover the aforementioned costs of duties, taxes, fines, costs, surcharges and penalties imposed in connection with the consignment.
9.7 The delivery charges set out in the Courier’s current Tariff include the usual customs clearance formalities for consignments not requiring formal customs clearance.The Courier reserves the right to charge for any additional administrative costs that may be necessary to clear the consignment for delivery to the recipient.
In this regard, additional charges may be incurred in certain countries providing for the performance of complex customs procedures involving /but not limited to/ consignments requiring: (i) formal declaration to customs involving more than three different goods; (ii) customs control or the need for delivery of the goods to be made under customs control; (iii) temporary import relief; or (iv) authorisations issued by government departments other than customs authorities.
In view of legislation in some countries, it is possible that the Courier may make advance payments of import duties, taxes or fines on behalf of the importer and any administrative charges included in this additional clearance service will be payable by the recipient of the consignment or the User, as applicable.
9.8 The invoice issued by the Courier shall not be accompanied by a Proof of Delivery (POD) or any other additional documents. The invoice shall be payable in the currency specified in the invoice itself.
9.9 In the event that the User fails to pay the value of the invoice to the Courier, within the time specified for doing so in clause 8.3 above or in an individual contract, the User hereby agrees that the Courier shall be entitled to claim a penalty of 0.1% of the unpaid value for each day of delay.
9.10 In order to secure all claims of the Courier against the User, by accepting these General Terms and Conditions, the User grants the Courier a lien on all of its consignments in the Courier’s possession, and the Courier may retain the proceeds of the sale of such consignments to repay any sums unpaid by the User. The Courier shall have a lien for its due claim against the Consumer on the latter’s consignments in the Courier’s possession.
9.11. In the event of force majeure circumstances resulting in significant changes to the international logistics network, requiring for example, but not limited to, the use of express air transport, it is possible that an additional air freight charge may apply. Direx S.A. reserves the right to introduce such a charge, subject to at least 48 hours’ written notice being given to the customer’s email address registered in the system.Charges apply prospectively ONLY and do not apply to consignments generated prior to that time, nor to consignments in transit.
X. Rights and Obligations of the Courier and the User
10.1 The courier has the following rights:
(i) To arrange and execute, at its discretion, the receipt, handling, transportation and delivery of consignments using such routes, means of transportation or subcontractors as it deems optimal and appropriate;
(ii) Require the consignment to be in suitable condition and packaging for transportation that does not compromise the integrity or contents of other consignments. The courier shall have the right to repack or repackage packages whose integrity is compromised in order to preserve their contents;
(iii) To receive compensation from the User for damages caused by his consignments to the Courier or to other consignments;
(iv) The Courier shall have the right to require that the consignment be opened when handed over by the User.
(v) The Courier may require the User’s consent to an inspection if it suspects that prohibited articles or substances have been inserted. If the User refuses to give such consent, the consignment shall not be accepted for carriage by the Courier;
10.2 The courier has the following duties:
(i) To place these Terms and Conditions and the Tariff in a prominent and accessible place in each of its offices, on its website https://direx.bg . and to make them available free of charge to Users on request;
(ii) To carry out additional orders of the User before the consignment is delivered, if they are enforceable and do not disrupt the Courier’s work organization and are paid, if additional costs are incurred by the Courier for this;
(iii) To ensure that all Users have equal access to the services offered;
(iv) To maintain the confidentiality of correspondence during and after the performance of the Service;
(v) Provide Users with information about the features of the services, the terms and conditions of their use;
(vi) To consider and take a view on requests, complaints and suggestions from Users within one month of their submission;
(vii) To keep and maintain a record of the requests, complaints and suggestions received, the reasons and merits thereof and the action taken after consideration thereof. The data from the register shall be kept for a period of 12 months, subject to the applicable data protection rules;
(viii) To compensate users in accordance with Section XII
10.3 The User of courier consignments has the following rights:
(i) To dispose of the consignments until they are delivered to the recipient, as their lawful owners and disposers, and they shall bear all expenses incurred by the Courier in executing the dispositions;
(ii) Receive full information about the characteristics and parameters of the services offered by the Courier;
(iii) To receive courier services of the required quality with respect to the delivery of the items;
(iv) To submit requests, complaints and suggestions and receive a reply within one month of submission;
(v) Address complaints and signals to the Communications Regulation Commission;
(vi) To receive their consignment back if the recipient refuses to accept it by paying the appropriate amount to the Courier;
(vii) Receive compensation for any damage caused by the Courier in accordance with Section XII.
(viii) Recipients of the consignment shall also have the right to inspect the contents thereof at the time of receipt.
10.4 The user of courier consignments has the following obligations:
(i) To prepay the price for the service as stated in the Tariff, unless another value or method of payment is specified in the individual contract or supplemental agreement;
(ii) Provide as complete and correct information as possible about the recipient of the consignment, its value and contents, and its weight; The User has the obligation to affix a weight label on the outside of the consignment for any consignment equal to or exceeding 30/thirty pounds;
(iii) To pack its consignments in a form suitable for transportation according to their contents and to deliver them to the Courier with the Courier’s labels provided through its electronic system.
(iv) Be responsible for any damage caused by his/her consignments to the Courier’s property/employees or to other consignments/persons. Liability shall be to the extent of losses incurred by the Courier or damages paid to third parties;
(v) To pay the Courier the cost of the service for consignments sent on behalf of a recipient in the event of refusal to pay by the recipient;
11.1 The User hereby represents and warrants that:
(i) the contents of the consignment have been correctly described in a consignment note provided by the Courier, and the full address, including postcode, and the name of the recipient have been duly provided;
(ii) the contents of the consignment are properly labelled by the User in a suitable place on the outside of the consignment so as to be clearly visible to the Courier. The labels shall be provided to the User by the Courier through our electronic system.
(iii) the contents of the consignment are packed securely and carefully by the User or its employees, taking into account the nature of the consignment and the usual risks of transportation, including the sorting process involved;
(iv) has specified the exact weight of the consignment and will provide, if necessary, special equipment for loading or unloading the consignment, on or from the Courier’s or its subcontractors’ vehicles;
(v) a heavyweight label is securely affixed in a suitable place on the outside of the consignment so as to be clearly visible to the Courier for each consignment equal to or exceeding 30 /thirty/ kilograms;
(vi) the contents of the consignment do not contain goods prohibited by IATA or ICAO and do not contain “prohibited goods”;
(vii) has provided the exact VAT identification numbers of the User or of the recipient, sh in the case of delivery to a member state of the European Union, where the recipient pays the Courier’s fees;
(viii) has enclosed a correctly completed commercial invoice in the case of an international consignment (with the correct billing address, the correct VAT number, a correct and legible description of the goods, the World Trade Organization (“GATT”) code, which is the first 6 digits of the Harmonized System (“HS”) code, and an accurate weight of the relevant consignment).
11.2 The User hereby agrees to indemnify and hold the Courier harmless from and against any and all liability which the Courier may incur and to cover any costs, damages or expenses incurred by the Courier resulting from a breach of any of the foregoing representations and warranties.
XII. Undeliverable and refused consignments
12.1. In cases where the recipient of the consignment cannot be found or refuses to accept the consignment or to pay the duties, fees and other charges due for acceptance of the consignment, or a competent customs authority determines that its value is understated for customs purposes or there is any other violation of the regulations in force in the country of the recipient resulting in the impossibility of delivery of the consignment, the Courier shall make every effort to return the consignment to the Sender at the latter’s expense. If this is not possible, the consignment may be left for disposal by the Courier , without creating any liability to the Sender or third parties.
XIII. RESPONSIBILITY OF THE COURIER
13.1. Except in cases where there is intent or gross negligence on the part of the Courier within the meaning of Article 94 of the Obligations and Contracts Act , the Courier’s liability shall be strictly limited to cases of direct loss and damage to the consignment and within the “per kilogram” values set out in this clause 6. All other types of damages for loss or damage are excluded (including but not limited to those for loss of profits, revenue, interest, future business), whether such loss or damage is special or indirect, even if the Courier has been advised of the risk of such loss or damage before or after acceptance of the consignment.The Courier shall not be liable under contracts of insurance for mail items entered into by mail senders with insurers where the latter intervene in the rights of the insured, pursuant to Article 213 of the Insurance Code, in excess of the amounts of indemnities to which the sender or recipient is entitled under this section of the General Conditions. Benefits shall be paid to the insurers if they have not been paid to the consignors or recipients.
13.2 The Courier shall not be obliged to compensate the User if the consignment or any part thereof is lost, damaged, delayed, misdelivered or undelivered or if there is a total failure of the Courier to perform its obligation to the User as a result of:
(i) Circumstances beyond the control of the Courier, such as (but not limited to):
– natural disasters including earthquakes, cyclones, storms, floods, fires, epidemics, fogs, snowstorms or icing;
– force majeure circumstances including (but not limited to) war, catastrophes, acts of terrorism, strikes, embargoes, air hazards, local conflicts or civil disturbances;
– national or local air or ground disruption of the transport network or technical problems of modes of transport or facilities;
– latent defects or inherent flaws in the contents of the consignment.
– third party criminal acts such as theft and arson.
-delays caused by acts or omissions of customs authorities;
(ii) Acts or omissions of the User and those of third parties, such as:
– failure of the User to comply with his obligations set out in Section X, Article 10.4, points ii, iii and v, where this has led to the hypothesis of Article 13.2 and is indicated as the cause by the courier company or postal operator making the delivery at the final destination of the consignment.
– an act or omission on the part of customs authorities, airline, airport or official authorities;
– where, due to an incomplete or incorrect address, the consignment is delivered to another person;
(iii) The contents of the parcel contain a component that has been identified as a “prohibited item”, even if the Courier has accepted such parcel in error.
13.3 Subject to clause 13.2 above, the Courier shall be liable to indemnify the User in cases of culpable failure to perform its obligations, namely:
(i) lost, looted or damaged, in whole or in part, domestic and international consignments sent by DX Tracked, DX Signature Plus, DX Parcel, DX Express services;
(ii) returned items, regardless of service, where there is no reason for non-delivery;
(iii) failure to meet the delivery deadlines for the consignment, which deadlines are specified in the Tariff part of these General Terms and Conditions or in the individual contract with the User;
13.4 In the event of an approved claim made in accordance with Section XIV below, the Courier shall be liable to pay compensation to the claimant in the following amounts:
13.4.1 For Domestic Consignments with DX Tracked, DX Signature Plus, DX Express, DX Parcel services, the Sender shall be liable for the compensation:
(a) for contents completely damaged through the fault of the Courier, lost, completely looted, or given to unauthorised persons, a compensation equal to £20;
b) for a lost, looted or damaged consignment of declared value, and for the absence or damage of any part of its contents not attributable to latent defects in the packaging or nature of the contents, compensation shall be paid for the actual value of the damage caused, but not more than the amount of the declared value;
c) for uncollected sums on delivered items with COD or for unremitted to the senders collected sums on COD, the Courier shall be liable equal to the amount of the COD; in case of failure to meet the deadline for payment of the COD, the Courier shall be liable for compensation in the amount of 1% of the value of the COD, but not more than BGN 20 per item.
d) the prices of the services paid at the time of submission of the consignment shall be refunded together with the compensation referred to in items “a” to “c”.
13.4.2. For international shipments and the Courier shall owe compensation to the senders
a) For a lost, completely looted or completely damaged international shipment with the DX Untracked, DX Tracked, DX Signature Plus, DX Parcel, DX PACK PLUS, DX Untracked PLUS, DX Express, DX USA services, the Courier shall pay compensation equal to the BGN equivalent of EUR 20/kg as well as the amount of the prices paid at the time of submission of the shipment.
b) Compensation for a partially robbed or partially damaged international shipment with the DX Untracked, DX Tracked, DX Signature Plus, DX Parcel, DX PACK PLUS, DX Untracked PLUS, DX Express, DX USA services shall be equal to the actual value of the loss, but not more than EUR 20/kg.
c) For a lost, looted or damaged international consignment of declared value, and in the case of the absence or damage of any part of its contents not attributable to latent defects in the packaging or nature of the contents, compensation shall be payable for the actual value of the damage sustained, but not more than the amount of the declared value;
13.4.3. In the case of an undelivered parcel returned to the recipient without a reason, the Courier shall be liable to pay compensation in the amount of the courier service price and shall nevertheless also refund the amount of the prices paid when the parcel was delivered.
13.5 If the User, or his Customer, considers that the above described parameters of the Courier’s liability are insufficient, he may declare the actual value of the contents of the parcel and request the Insurance service as described in Appendix 2 “Price Tariff” or make his own.
13.6 The User hereby expressly agrees that the Courier shall not be liable for any damages or costs arising as a result of any errors, incorrect or incomplete instructions or acts/omissions of employees, sub-contractors, contractors or any third parties with whom the User has a contractual relationship. In view of the foregoing, the Courier undertakes only to follow the instructions and special requirements of such third parties in the event that (i) they are in possession of a power of attorney duly certifying their right to represent the User in connection with the consignment, and/or (ii) the Courier has received express written confirmation from the User that the third parties are authorized to act for and on behalf of the User in the specific manner.
XIV. Complaints procedure
14.1 All Users have the right to make a claim in the event that the grounds for the Courier’s liability exist.
14. 2 The User shall notify the Courier in writing of the loss, damage or delay of the shipment within 6 months from the date of acceptance of the shipment for shipment by the Courier, otherwise the Courier shall not be liable for any liability. The complaint must contain detailed information about the shipment and the direct damage, the damage suffered by the User or the recipient in this case, as well as an attached copy of the bill of lading, manifest, statement of damage, invoice or customs document certifying the contents and value of the shipment. The courier has the right to request the correspondence between the User and the recipient, as well as to require the claimant to provide him for verification the contents and original packaging of the shipment.
14.3 The Courier shall verify the claim and the facts and circumstances relating to it. The Courier shall notify the Advertiser in writing of the outcome of any regularly submitted claim within one month of receipt of the written claim for domestic consignments and within three months for international consignments.
14.4 If the Courier accepts the claim, the Courier shall pay compensation to the claimant in accordance with the provisions of Section XII above, within one month of the date of notification under clause 14.3.
14.5 For the avoidance of doubt, the Courier shall assume that the consignment has been delivered in good condition unless the recipient, on acceptance of the consignment received, has noted the damage caused on the delivery record of the Courier or its sub-contractor making the delivery.
14.5.1 For international tracked consignments delivered without a signature, the parties assume that the consignment was delivered in good condition unless the recipient provides an official damage report signed and stamped by the police or the Courier’s final subcontractor.
14.5.2 For international consignments without tracking , the parties assume that the consignment was delivered in good condition unless the recipient provides an official damage report signed and stamped by the police or the final subcontractor of the Courier that delivered the consignment.
14.6 A claim shall only be deemed to have been duly made if, at the time it is made to the Courier, all sums due in respect of the carriage of the consignment complained of have already been paid.
14.7 If a claim made in accordance with the above provisions is rejected in whole or in part by the Courier or is left unanswered within the time limit referred to in clause 13.3, the claimant may make a written request to the Communications Regulation Commission for an opinion on the dispute.
XV. Protection of personal data
15.1 In the event that the User provides the Courier with personal data necessary for the performance of the courier service, the former represents and warrants that: (i) it has complied with all provisions of local law regarding the use and dissemination of personal data; and (ii) the law permits the provision of such personal data by the User to the Courier, as well as its processing by the latter for the purpose of transporting a consignment;
15.2 For the avoidance of doubt, the Courier hereby specifies that it is only following the User’s instructions with a view to the delivery of the Parcel. The Courier declares that it will not use the personal data provided by the User for any purpose other than the delivery of the consignment and that it will take the necessary technical and organisational measures to prevent theft and misuse of personal data.
15.3 The Courier declares that it will only provide personal data to its employees, workers, subcontractors, agents and/or consultants when this is related to the performance of the consignment, as well as to governmental and international institutions in the event that they request personal data information based on their legal authority.
XVI. Procedure in case of destruction of unclaimed consignments
16.1. Undelivered consignments which cannot be returned to the senders because they refuse to receive them back, have gone to an unknown address, have an incomplete, inaccurate or illegible address, have died or have not presented themselves to receive them within 20 days of being notified in writing shall be destroyed after one year from the date of their submission.
16.2. Destruction of consignments shall be carried out by written protocol as follows:
– Items in small packages and parcels that can be sold are auctioned, with the proceeds, after deducting the costs of sale, remaining for the benefit of the Courier;
– items not sold after the auction shall be disposed of in an appropriate manner, in accordance with waste management law
16.3. Undelivered consignments which cannot be returned to the senders due to incomplete or inaccurate address or due to the lack of such address shall also be destroyed in accordance with Article 16.3.
XVII. Dispute resolution procedure
17.1 In the event that any of the terms and conditions are declared null or void, this shall not affect the validity of the other provisions of these General Terms and Conditions, which shall remain in force.
17.2 Disputes between the Courier and the User shall be resolved by direct negotiation between them. In the event of failure to reach an agreement, either party may request assistance from the Communications Regulation Commission and other competent authorities or refer the dispute to the competent Bulgarian court.
17.3 Events and concepts not covered by these General Terms and Conditions shall be governed by applicable Bulgarian law.